Sarasota Pedestrian Accident Lawyer

Representing Injured Pedestrians in Sarasota, FL

Florida is one of the most popular tourist destinations in the country. With its warm weather and beautiful beaches, the state is a haven for pedestrians. Unfortunately, the state is also one of the most dangerous for walkers, joggers, and runners.

If you or someone you love was injured in a pedestrian accident, you may be entitled to compensation for your medical bills, lost wages, and other damages. At Burnetti, P.A., our Sarasota pedestrian accident attorneys are committed to helping injured individuals fight for the justice and compensation they deserve.

Get started with a free case evaluationtoday; call (888) 444-8508or contact us onlineto get started.

Florida Pedestrian Laws

Pedestrian laws in Florida are designed to promote safety and define the rights and responsibilities of both pedestrians and drivers. Here’s a clear overview of the key pedestrian laws under Florida Statutes Chapter 316 (State Uniform Traffic Control):

Key pedestrian laws in Florida include:

• Right of Way at Crosswalks: Drivers must yield to pedestrians in marked or unmarked crosswalks at intersections (Section 316.130(7)). Pedestrians must not suddenly leave a curb or other safe place and walk into the path of a vehicle that is too close to stop safely (Section 316.130(8)).
• Crosswalk Usage: Pedestrians must use marked crosswalks when available. At intersections with traffic control signals, pedestrians must obey WALK/DON'T WALK signals (Section 316.130(1)).
• Jaywalking: It is illegal to cross the street mid-block between two signalized intersections (jaywalking). Pedestrians must cross at a crosswalk (Section 316.130(11)).
• Sidewalks: If a sidewalk is available, pedestrians must use it and not walk in the roadway (Section 316.130(3)). If no sidewalk is available, pedestrians must walk on the left side of the road (facing traffic) to increase visibility (Section 316.130(4)).
• Crossing at Non-Intersections: Pedestrians crossing a street outside of a crosswalk or intersection must yield the right-of-way to vehicles (Section 316.130(10)).
• Signals and Control Devices: Pedestrians must obey all traffic signals and control devices unless otherwise directed by a law enforcement officer.
• Motorists’ Responsibilities: Drivers must exercise due care to avoid colliding with any pedestrian and must give warning by horn when necessary (Section 316.130(15)).

Common Causes of Pedestrian Accidents

Unfortunately, many pedestrian accidents are the result of negligence. When drivers, property owners, and others fail to exercise reasonable care and caution, they can be held legally accountable for any injuries they cause.

Some of the most common causes of pedestrian accidents include:

• Distracted driving
• Drunk driving
• Defective auto parts
• Failure to yield
• Running a red light
• Speeding
• Poorly designed or maintained roadways
• Inclement weather
• Poorly lit parking lots, walkways, or other areas
• And more

Common Injuries in Pedestrian Accidents

Because pedestrians have no protection from the force of impact, they are often seriously injured in accidents with motor vehicles. In some cases, these accidents are fatal.

Some of the most common injuries in pedestrian accidents include:

• Fractures: Pedestrians can easily break or fracture bones in their arms, legs, and other areas of the body.
• Head Injuries: Pedestrians can suffer severe head injuries, including traumatic brain injuries (TBIs), if their head strikes the vehicle or the ground.
• Internal Injuries: If the pedestrian is thrown into the air or crushed between two objects, they can suffer internal bleeding and other internal injuries.
• Spinal Cord Injuries: Pedestrians can suffer life-changing spinal cord injuries, which can result in partial or complete paralysis.
• Soft Tissue Injuries: Soft tissue injuries, such as sprains and strains, are common in pedestrian accidents.
• Wrongful Death: Sadly, many pedestrian accidents are fatal. If your loved one was killed in a pedestrian accident, you may be entitled to bring a wrongful death claim.

Pedestrian Accident Liability

Because pedestrians are not protected by the frame of a vehicle, they are much more likely to be critically injured or killed in an accident with a motor vehicle. Drivers must exercise the utmost caution and care when driving in areas where pedestrians are present. When drivers fail to do so, they can be held legally accountable for any injuries they cause.

In order to bring a successful personal injury claim after a pedestrian accident, you will need to prove that the other party was negligent. This means that you will need to prove that the other party failed to exercise reasonable care and caution, and that their negligence was a direct cause of your injuries.

Some of the most common parties that can be held liable in a pedestrian accident claim include:

• Car drivers
• Motorcycle drivers
• Bus drivers
• Truck drivers
• Taxi drivers
• Rideshare drivers
• Distracted drivers
• Drunk drivers
• Employers of negligent drivers
• Vehicle manufacturers, if a defectively designed or manufactured vehicle caused the accident
• Government entities, if a poorly designed or maintained roadway or crosswalk caused the accident
• And others

Sarasota Pedestrian Accident Claim FAQs

What should I do immediately after a pedestrian accident in Sarasota?

You should call 911, seek medical attention, document the scene (photos, witness info), and avoid discussing fault. Then, contact a personal injury attorney experienced in pedestrian accidents.

Can I file a claim if I was partially at fault for the accident?

Yes. Florida follows a modified comparative negligence rule. If you're found to be 50% or less at fault, your compensation is reduced by your percentage of fault. If you are more than 50% at fault, you may not recover damages.

What types of compensation can I recover in a pedestrian accident claim?

You may be entitled to medical expenses, lost wages, pain and suffering, future treatment costs, and possibly punitive damages in cases of gross negligence.

How long do I have to file a claim in Florida?

As of 2023, Florida's statute of limitations for personal injury claims is two years from the date of the accident (reduced from four). Missing this deadline can bar you from recovering damages.

What if the driver who hit me was uninsured?

You may be able to file a claim through your own uninsured/underinsured motorist (UM/UIM) coverage, or seek compensation through other legal avenues. A lawyer can help explore these options.

How is fault determined in pedestrian accident cases?

Fault is determined through police reports, witness statements, traffic camera footage, accident reconstruction, and other evidence. Both pedestrian and driver behavior are evaluated.

Do I need an attorney for a pedestrian accident claim?

While not legally required, having an attorney greatly improves your chances of receiving fair compensation and ensures you meet all deadlines and procedural requirements.

How Our Firm Can Help You Recover

At Burnetti, P.A., our Sarasota pedestrian accident lawyers understand the unique challenges associated with these types of cases. We know how to build a strong case on your behalf, and we are not afraid to take on large corporations and insurance companies in our pursuit of justice on your behalf.

Our attorneys are skilled negotiators and aggressive litigators. We are not afraid to take your case to trial if necessary, and we have a proven track record of success in and out of the courtroom.

Call (888) 444-8508or submit an online contact form to schedule a free consultation with one of our Florida pedestrian accident lawyers.